The relationship between Babelix and the Affiliate is exclusively that of independent contractors.
Nothing in this Agreement shall be interpreted as creating a partnership, joint venture, agency, franchise, sales representation, employment relationship of subordination, or any other relationship of association between the parties.
The Affiliate has no authority to accept offers, make statements, or assume obligations on behalf of Babelix.
Consequently:
- No Employment Relationship: The Affiliate is not an employee of Babelix and shall not be entitled to any benefits the Company provides its employees. Each Affiliate is an independent contractor and is responsible for its own operating and tax expenses.
- No Exclusivity: Nothing in this Agreement prevents Babelix from establishing similar affiliate programs with other affiliates, including competitors of the Affiliate, nor does it prevent the Affiliate from promoting third-party products or services (provided this does not violate this Agreement or unfairly compete using the Babelix brand).
- No Geographic Exclusivity: This Program is global and non-exclusive. Babelix may accept multiple affiliates in the same region or market segment. Participation in the Program does not grant the Affiliate exclusive rights in any territory or channel.
- No Guarantee of Success: Babelix does not guarantee that the Program will generate income for the Affiliate. The Affiliate assumes the business risk of their participation and acknowledges that earnings depend on their own performance and market demand. The Company incurs no obligation to generate a specific volume of traffic or conversions for the Affiliate.
- Relationship with Referred Users: All users who subscribe to Babelix services through Affiliate Links shall be considered direct customers of Babelix, and their relationship with Babelix shall be governed exclusively by the terms of service, privacy policies, and other applicable agreements between Babelix and said users. This Agreement does not create any contractual or other relationship between the Affiliate and the Referred Users with respect to the services provided by Babelix. Babelix shall be solely responsible for processing subscriptions, providing services, and managing billing and customer support for such users. The Affiliate has no authority to make offers, promises, warranties, or representations to users on behalf of Babelix that are not expressly authorized in writing by Babelix or contained in the official Promotional Materials.
The Affiliate shall refrain from making statements that could contradict the foregoing. For example, you must not suggest on your site that a special partnership or alliance exists with Babelix beyond the mere commercial affiliation relationship, nor present yourself to third parties as a representative or agent of Babelix for any purpose. Any violation of this understanding of independence may result in the termination of your account.